Phillippi v. Doe

Filing 62

ORDER (1) Adopting Magistrate Judge's Report and Recommendation and (2) Denying Petition. This Court, having reviewed de novo the Magistrate Judge's R&R and the objections, reply briefs, surreply brief and other briefs and documents attache d thereto, adopts the Magistrate Judge's recommendation in full and DENIES the petition for a writ of habeas corpus. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case. Signed by Judge Dana M. Sabraw on 5/9/2016.(All non-registered users served via U.S. Mail Service)(aef) (Main Document 62 replaced on 5/9/2016 to reflect correct Warden's name) NEF regenerated (aef).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRUCE PHILLIPPI, aka, Robert M.
Ray,

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vs.

Petitioner,

CASE NO. 14cv1310 DMS (MDD)
ORDER (1) ADOPTING
MAGISTRATE JUDGE’S REPORT
AND RECOMMENDATION AND
(2) DENYING PETITION

CLARK E. DUCART,

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Respondent.

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On May 27, 2014, Petitioner Bruce Phillippi (“Petitioner”), a state prisoner

17 proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §
18 2254. On January 12, 2016, Magistrate Judge Mitchell D. Dembin issued a Report and
19 Recommendation (“R&R”) recommending that the Court deny the petition. Both
20 parties filed objections to the R&R, Respondent filed a reply to Petitioner’s objections
21 and Petitioner filed a surreply.
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This Court, having reviewed de novo the Magistrate Judge’s R&R and the

23 objections, reply briefs, surreply brief and other briefs and documents attached thereto,
24 adopts the Magistrate Judge’s recommendation in full and DENIES the petition for a
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14cv1310

1 writ of habeas corpus. The Court finds no basis for a certificate of appealability. The
2 Clerk of Court shall enter judgment accordingly, and terminate this case.
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IT IS SO ORDERED.

4 DATED: May 9, 2016
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HON. DANA M. SABRAW
United States District Judge

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14cv1310